As of 2017-06-15, this is the most current version
available. It is current for the period set out in the footer
below.
Le texte figurant ci-dessous constitue la codification la
plus récente en date du 2017-06-15. Son contenu était à
jour pendant la période indiquée en bas de page.
Last amendment included: M.R. 136/2015.
Dernière modification intégrée : R.M. 136/2015.
THE FARM PRODUCTS MARKETING ACT
(C.C.S.M. c. F47)
Chicken Broiler Quota Order*
Regulation 228/2006
Registered November 21, 2006
TABLE OF CONTENTS
Section
PART I
DEFINITIONS AND INTERPRETATION
1
2
Definitions
Live weight references
PART II
ALLOTMENTS
3
4
5
6
7
8
9
10
11
12
Entitlement and criteria for allotment of quota
Facility requirement
Conditional allotment
Allocation to new entrants
Determination of basic allotments by category
Allocation of market allotment from time to time
Calculation of market allotment
Market allotment not to exceed maximum allotment
Limitation on marketing quotas
Determination of production quotas
* This Order is made under the Manitoba Chicken Broiler Producers Marketing
Plan Regulation, Manitoba Regulation 246/2004, and is Order No. 8, 2006 of
Manitoba Chicken Producers.
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PART III
TEMPORARY MARKET ALLOTMENT PERMITS
13
14
15
16
17
18
18.1
19
19.1
Application for permit
Circumstances and terms of issue
Cap on permit
Permit for special catch up
Permits for special circumstances
Permit marketings not to be included
Temporary production permits
Permits for research
Permits for communal groups
PART III.1
ANNUAL SPECIALITY QUOTA
19.2
19.3
19.4
Issuance of annual speciality quota
Facility requirement
Terms and conditions of issue of annual speciality quota
PART IV
CATEGORY CONVERSION
20
Method of conversion
PART V
EXCESS MARKETINGS AND UNDERMARKETINGS
21
22
23
24
25
26
Reduction of market allotment for excess marketings
Mitigation from reduction
Reduction of basic allotment for undermarketings
Automatic catch up
Application for special catch up
Force majeure and stand downs
PART VI
OTHER REDUCTION OR CANCELLATION OF
QUOTAS AND ALLOTMENTS
27
28
29
Cancellation of quotas and allotments on death, winding up, etc.
Cancellation of quotas allotments on cancellation of registration
Other reduction or cancellation of quota and allotment
PART VII
OWNERSHIP OF QUOTAS
30
31
32
Quotas belong to Board
Quotas non-transferable by producer
Retirement and basic allotment reallocation system payments
non-transferable
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PART VIII
PROHIBITIONS
33
34
35
36
37
38
39
40
Production prohibited without a production quota
No excess production
No marketings without a market allotment
No excess marketings
Marketings to specified processor
Production limited to specified facilities
No raising or keeping in excess of number specified for facility
Marketings limited to specified facilities
PART IX
MISCELLANEOUS
41
42
43
44
45
Unacceptable quality
Allotments to associated producers
Exception for grandfathered operations in excess of maximum
allotment
Exception for financial assistance to children
Step-transactions prohibited
PART X
CHANGES IN BENEFICIAL OWNERSHIP
OF REGISTERED PRODUCERS
46
47
48
49
50
51
Special definitions
Transfers by a substantial holder
Grounds for non-waiver re transfer
Bankruptcy or receivership of a controlling party
False or misleading information re transfers
Reduction of requirements re certain transfers
PART XI
ASSOCIATION OF REGISTERED PRODUCERS
52
53
54
55
Deemed association
Association of registered producers
Grounds for non-waiver re association
False or misleading information re association
PART XII
REALLOTMENT OF QUOTA AND ALLOTMENT
56
57
58
59
60
61
62
Complete farm sales
Sale of moveable buildings and equipment
Lease of complete farm
Bankruptcy or receivership of a registered producer
Reallotment of quota and dispensing with financial information on
death, disability or retirement
Reallotment of quota and dispensing with financial information on
establishment of family partnership
Reallotment of quota and dispensing with financial information on
establishment of a corporation
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64
65
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Partial and complete reallotment of quota to related persons
Consolidation of existing chicken production operations
Reallotment and maximum allotment
PART XIII
RETIREMENT AND BASIC ALLOTMENT REALLOCATION SYSTEM
66
67
Reallotment under system
Acceptance of applications discretionary
PART XIV
FACILITIES
68
69
70
71
72
73
74
75
76
Quota to be allotted for a facility
Facility capacity
Production standards
Relocation and consolidation of facilities
Information and creditor consent for relocation
Emergency relocation
No application for change of facility for five years
Exception from five year moratorium on applications
Examination of facilities
PART XV
APPLICATION AND EXEMPTIONS
77
78
79
80
80.1
81
Application of Order
Non-application of Order re commercial hatcheries
Limited non-application of Order re chick marketings
Exemptions in Plan from Order
Application of definitions from M.R. 246/2004
Repeal
SCHEDULE Retirement and Basic Allotment Reallocation System
PART I
DEFINITIONS AND INTERPRETATION
Definitions
1
In this Order,
"allotment" means a basic allotment or a market allotment, or both as the
context may require;
"annual speciality quota" means the maximum number of chicken broilers of
a category or of a type that a designated annual speciality producer has been
authorized to produce and market during a year;
"basic allotment" means a base measurement, expressed in kilograms of chicken
broiler, from which the market allotment of a producer for a category is
established;
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"Basic Allotment List" means the list of registered producers approved by the
Board on August 9, 2015 under the heading "Basic Allotment List" as same may
be amended by Resolution of the Board from time to time to reflect alterations
or additions or deletions to same in accordance with the terms of this Order;
"category" means
(a) Cornish game hen,
(b) Regular chicken broiler, and
(c) Roaster,
"Certificate of Production Premises" means a certificate issued by the Board to
a registered producer specifying the facility or facilities in or on which such
producer must raise or keep the chicken broilers that such producer is entitled
to produce or to market pursuant to the allotments and quotas allotted to such
producer;
"Chick Placement Permit" means a permit issued by this Board to a person
authorizing that person to purchase or to otherwise take delivery of a specified
number of chicken broilers under the age of 10 days old during a specified time
period from a specified vendor;
"communal group" means a community of not fewer than 50 individuals in
which
(a) the members live and work together in an agricultural enterprise,
(b) a member is not permitted to own property in the member's own right,
and
(c) the members devote their working lives to the activities of the communal
group;
"Cornish game hen" means chicken broiler produced within Manitoba which
weighs under 1.2 kilograms each (truck load average) when marketed by a
producer;
"designated annual speciality producer" means a producer who has been
issued an annual speciality quota;
"extra-provincial amount" means the number of kilograms of chicken broiler
which the Board determines that person is authorized or permitted to produce
or market, or is able to produce or market by virtue of an exemption or
otherwise, in a marketing cycle or similar period, by an extra-provincial board
other than the Chicken Farmers of Canada;
"federal quota" means the quantity of chicken broiler of a category that a
producer is entitled to market in interprovincial or export trade by the Chicken
Farmers of Canada in any marketing cycle;
"immediate family" means an individual's spouse, parent, child, grandchild, or
the spouse of the individual's child, or grandchild;
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"market allotment" for a category of chicken broiler means the sum total of a
producer's marketing quota plus such producer's federal quota for that category
of chicken broiler;
"marketing cycle" means the period of time specified by the Board during which
a registered producer may produce and market chicken broiler of a category
pursuant to a production quota and a market allotment allotted to such
producer, provided however that no marketing cycle shall be less than:
(a) five weeks with respect to Cornish game hen,
(b) seven weeks with respect to Regular chicken broiler, and
(c) ten weeks with respect to Roaster.
"marketing quota" means the quantity of chicken broiler of a category that a
registered producer has been authorized by the Board to market in
intra-provincial trade during any marketing cycle;
"maximum allotment" means:
(a) with respect to Cornish game hen only — an allotment or allotments
aggregating 170,000 kilograms of chicken broiler per marketing cycle;
provided that in determining the maximum allotment applicable to a person,
such 170,000 kilograms amount shall be reduced by an amount equal to the
extra-provincial amount attributed to that person,
(b) with respect to Regular chicken broiler only — an allotment or allotments
aggregating 200,000 kilograms of chicken broiler per marketing cycle;
provided that in determining the maximum allotment applicable to a person,
such 200,000 kilograms amount shall be reduced by an amount equal to the
extra-provincial amount attributed to that person,
(c) with respect to Roaster only — an allotment or allotments
aggregating 275,500 kilograms of chicken broiler per marketing cycle;
provided that in determining the maximum allotment applicable to a person,
such 275,500 kilograms amount shall be reduced by an amount equal to the
extra-provincial amount attributed to that person, and
(d) with respect to allotments to a producer consisting of a combination of
Cornish game hen, Regular chicken broiler, and Roasters, an amount not to
exceed the equivalent of 25,000 kilograms of chicken meat per week;
provided that in determining the maximum allotment applicable to a person,
such 25,000 kilograms shall be reduced by an amount equal to the
extra-provincial amount attributed to that person;
"Maximum Producer Allotment List" means the list of certain registered
producers approved by the Board on September 19, 1997 under the heading
"Maximum Producer Allotment List", as same may be amended by Resolution of
the Board from time to time;
"On-Farm Food Safety Assurance Program" means the program approved by
the Board and designated with that name, as same may be amended or varied
from time to time, whether published by the Board or published by the Canadian
Food Inspection Agency or other party specified by the Board;
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"production quota" means the maximum number of chicken broilers of a
category that a registered producer has been authorized to produce during a
marketing cycle;
"quota" means a production quota or a marketing quota, or both, as the context
may require;
"Regular chicken broiler" means chicken broiler produced within Manitoba
which weighs 1.2 kilograms and over each but not over 2.6 kilograms each (truck
load average) when marketed by a producer;
"Roaster" means chicken broiler produced within Manitoba which weighs
over 2.6 kilograms each (truck load average) when marketed by a producer;
"specified processor" means any processor who operates
(a) a poultry station registered under section 14 of the Processed Poultry
Regulations made under the Canada Agricultural Products Act, or
(b) a poultry slaughtering and processing plant inspected pursuant to any
meat inspection agreement made between the Government of Canada and the
Government of Manitoba providing for meat inspection services to domestic
plants in the Province of Manitoba.
M.R. 136/2015
Live weight references
2
All references to weight of chicken broiler in this Order are references
to live weight of such chicken broiler (or equivalent).
PART II
ALLOTMENTS
Entitlement and criteria for allotment of quota
3
No person is entitled to be allotted a quota for a category of chicken
broiler unless such person has been allotted a basic allotment and a market
allotment for that category by the Board.
Facility requirement
4
Subject to section 5, each applicant for allotment of a quota and an
allotment must be the registered owner or the sole operator of a facility that meets
all of the requirements or standards for buildings and equipment established by the
Board from time to time.
Conditional allotment
5
The Board may allot a quota and an allotment conditional upon the
acquisition of a facility within a specified period of time.
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Allocation to new entrants
6
From time to time the Board may select an individual or a Hutterite
Colony to become a registered producer and may offer to allot a quota, basic
allotment, and a market allotment for a category of chicken broiler to such person.
In selecting such persons the Board may establish a system for receiving
applications from such persons and a method of selecting such persons from among
the applicants.
Each application shall be in writing in a form prescribed by the Board and must be
signed by the applicant and accompanied by the processing fees established by the
Board, and must be forwarded to the head office of the Board.
In the event the Board offers to allot a quota, a basic allotment, and a market
allotment for a category of chicken broiler to a person, and such person does not
accept the terms and conditions proposed by the Board in making such offer within
the time specified by the Board, or in the event a person fails to comply with any
term or condition established by the Board in making such offer or allotment to the
person, the Board may withdraw such offer and allotment.
No individual and no Hutterite Colony shall be eligible to be selected for an
allocation under this section if that individual or that Colony is or at any time has
been a registered producer or has had an interest, direct or indirect in a registered
producer. For the purpose of this provision any person who is or was a partner or
a shareholder of an entity that is or was a registered producer at a point in time
shall be deemed to have an interest in that registered producer at that time.
The fact that
(a) the parent of an individual is or at any time has been a registered producer
or has had an interest, direct or indirect in a registered producer; and
(b) a Hutterite Colony was established from the membership of a Hutterite
Colony which is or at any time has been a registered producer or has had an
interest, direct or indirect in a registered producer,
shall not in itself disqualify an individual or a Hutterite Colony from being eligible
to be selected under this section.
Determination of basic allotments by category
7
Subject to the provisions of this Order, a registered producer's basic
allotment for each category of chicken broiler shall be equal to the number of
kilograms of chicken broiler shown opposite such producer's name in the column
for that category on the Basic Allotment List.
Allocation of market allotment from time to time
8
Subject to the provisions of this Order, each registered producer shall
be allotted a market allotment for each category of chicken broiler for which such
producer has been allotted a basic allotment.
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Calculation of market allotment
9
The market allotment of each registered producer whose name is set out
on the Basic Allotment List for each category of chicken broiler for which such
producer has been allotted a basic allotment shall be calculated from time to time
as follows:
(a) Subject to clauses (b) and (c), the market allotment allotted to each registered
producer for a category shall be equal to the basic allotment allotted to such
producer for that category;
(b) If the aggregate of all chicken broilers of a category which could be produced
if allocations were made in accordance with clause (a) (after estimating the
anticipated production of chicken broiler of a category raised in Manitoba during
any period of time by persons who are not registered producers and any
adjustments as a result of the application of Parts III, III.1, V and VI) would be
more than the anticipated market demand for chicken broilers of that category
raised in Manitoba during any period of time, the market allotment allotted to
each registered producer for that category shall be determined by the Board in
such manner that all registered producers share, as nearly as possible, a
pro-rata reduction from the market allotment that they would have received
under clause (a) (applying the equivalent calculation set out in section 20) in
such manner as the Board deems reasonable, so that the anticipated market
requirements for chicken broiler of that category during that period of time ought
not to be exceeded; provided that the market allotment of regular chicken broiler
for a marketing cycle of those registered producers on the Maximum Producer
Allotment List shall not be reduced below the basic allotment for regular chicken
broiler of each such registered producer unless the anticipated demand for
regular chicken broiler raised in Manitoba during the seven-week period in which
such registered producer is entitled to market such chicken broiler falls
below 5,059,422 kilograms live weight,
(i) the aggregate market allotments of a producer shall not be reduced
below 10,000 kilograms of regular chicken broiler (or the equivalent of
Cornish Game Hen or Roasters or a combination thereof, applying the
equivalent calculation set out in section 20), and
(ii) the market allotment of regular chicken broiler for a marketing cycle of
those registered producers on the Maximum Producer Allotment List shall
not be reduced below the basic allotment for regular chicken broiler of each
such registered producer unless the anticipated demand for regular chicken
broiler raised in Manitoba during the seven week period in which such
registered producer is entitled to market such chicken broiler falls
below 5,059,422 kilograms live weight;
(c) If the aggregate of all chicken broilers of a category which could be produced
if allocations were made in accordance with clause (a) (after estimating the
anticipated production of chicken broiler of a category raised in Manitoba during
any period of time by persons who are not registered producers and any
adjustments as a result of the application of Parts III, III.1, V and VI) during any
period of time would be less than the anticipated market demand for chicken
broiler of that category raised in Manitoba during that period of time (hereinafter
called the "Shortfall"), the market allotment allotted to each registered producer
for that category shall be determined by the Board in such manner that the
market allotment allotted to each registered producer for each category shall be
equal to the basic allotment allotted to such registered producer for that
category, and unless the Board otherwise directs, the Shortfall will be allotted by
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(i) approximately 1/2 of the Shortfall or such lesser amount as the Manitoba
council may approve as basic allotment and an equal market allotment to
selected persons wishing to engage in chicken broiler production who have
applied for registration and an allotment on such terms as the Board may
deem proper; provided no person shall be entitled to an allotment in excess
of 30,000 kilograms of Regular chicken broiler (or the equivalent of Cornish
game hen or Roasters, or a combination thereof, applying the equivalent
calculation set out in section 20) under this provision, and
(ii) allotting the balance of the Shortfall as basic allotment and an equal
market allotment in units not to exceed 30,000 kilograms of Regular chicken
broiler (or the equivalent of Cornish game hen or Roasters, or a combination
thereof applying the equivalent calculation set out in section 20) to registered
producers who have applied for an increase in their allotment, in the order
in which acceptable applications were received by the Board;
provided however that in the event the Board is of the opinion that such Shortfall
is temporary in nature, the Board may issue Temporary Market Allotment
Permits to registered producers for a term not to exceed two (2) consecutive
marketing cycles, and in an amount not to exceed, in aggregate, such anticipated
Shortfall.
Any allotment of the Shortfall made pursuant to subclause (c)(i) or (ii) will be
conditional upon the selected person or the registered producer satisfying the board
that such party is the registered owner or the sole operator of a facility that meets
all of the requirements and standards for buildings or equipment established by the
board for the purpose of producing such party's proposed allotment of the Shortfall
within 12 months of the date of the receipt of notice from the board of the proposed
allotment.
M.R. 110/2007; 136/2015
Market allotment not to exceed maximum allotment
10
Notwithstanding anything set out in section 9, the aggregate market
allotments of a registered producer in any marketing cycle shall not exceed
maximum allotment, provided that
(a) if a registered producer
(i) has, prior to the calendar year 1980, been effectively allotted basic
allotments that aggregate in excess of maximum allotment, or
(ii) has, as permitted pursuant to section 43 of this Order, been effectively
re-allotted a basic allotment in excess of maximum allotment, or has been
permitted to acquire an interest in a substantial holder in an entity that has
been allotted a basic allotment in excess of maximum allotment,
this limitation shall not apply to such registered producer; and
(b) the aggregate of the market allotments allotted to a registered producer in
clause (a) shall not exceed the basic allotment effectively allotted to such
registered producer.
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Limitation on marketing quotas
11
No producer is entitled to be allotted a marketing quota in any
marketing cycle that would be in excess of the market allotment allotted to such
producer, less any quantity of chicken broilers marketed by such producer in
interprovincial or export trade in any marketing cycle.
Determination of production quotas
12
The production quota of a registered producer for each marketing cycle
for each category of chicken broiler for which that producer has been allotted a
market allotment shall be equal to the number of chicken broiler determined
(a) for Cornish game hen, by dividing the market allotment allotted to the
producer for Cornish game hen for that marketing cycle by 1.15 and multiplying
the resultant figure by 1.07;
(b) for Regular chicken broiler, by dividing the market allotment allotted the
producer for Regular chicken broiler for that marketing cycle by 1.75 and
multiplying the resultant figure by 1.07; and
(c) for Roaster, by dividing the market allotment allotted to the producer for
Roaster for that marketing cycle by 3.25. and multiplying the resultant figure
by 1.07.
PART III
TEMPORARY MARKET ALLOTMENT PERMITS
Application for permit
13
A registered producer may apply to the Board for a Temporary Market
Allotment Permit.
Circumstances and terms of issue
14
If the Board is of the opinion that
(a) any Shortfall referred to in clause 9(c) is temporary in nature;
(b) special marketing circumstances exist whereby a particular type of chicken
broiler is required by the market; or
(c) chicken broiler is required at any particular time of the year and cannot be
fulfilled in the manner set out in section 9;
the Board may issue Temporary Market Allotment Permits to registered producers
in an amount not to exceed in aggregate such anticipated Shortfall or requirement,
in order to ensure that such market is filled by Manitoba producers.
Cap on permit
15
No producer will be allotted a Temporary Market Allotment Permit
under section 14 with respect to a category of chicken broiler which exceeds in
aggregate 25% of the market allotment for that category of chicken broiler allotted
to such producer by the board.
M.R. 11/2011
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Permit for special catch up
16
The Board may also issue Temporary Market Allotment Permits to
registered producers as a result of undermarketings by such registered producers,
as provided in section 25.
Permits for special circumstances
17
The Board may also issue Temporary Market Allotment Permits to
registered producers in order to capitalize on special marketing circumstances
which may be available to Manitoba producers.
Permit marketings not to be included
18
Chicken broiler marketed pursuant to a Temporary Market Allotment
Permit will not be counted as part of a producer's marketing in any marketing cycle
for the purpose of this Order.
Temporary production permits
18.1
The board will, in connection with any Temporary Market Allotment
Permit issued by it, issue a Temporary Production Permit to the permit holder
indicating the maximum number of chicken broilers of a category that the producer
has been authorized to produce in connection with the Temporary Market Allotment
Permit.
M.R. 11/2011
Permits for research
19
The board may issue a Temporary Production Permit and a Temporary
Market Allotment Permit to a non-registered person to permit the production and
marketing of chicken broiler for teaching or research purposes provided that
(a) the board is satisfied that such chicken broiler will be raised and marketed
under conditions satisfactory to the board; and
(b) satisfactory arrangements have been made with respect to the payment of any
penalties in connection with any activities of the applicant which may be
inconsistent with the terms and conditions established by the board in issuing
a Temporary Production Permit and a Temporary Market Allotment Permit to the
applicant.
M.R. 11/2011
Permits for communal groups
19.1
The board may, subject to any terms and conditions that it considers
appropriate, issue a Temporary Production Permit and Temporary Market
Allotment Permit to a communal group that is not a registered chicken broiler
producer on terms and conditions to permit the production and consumption by it
of up to 4,500 chicken broilers in a year.
M.R. 136/2015
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PART III.1
ANNUAL SPECIALITY QUOTA
Issuance of annual speciality quota
19.2
A person who is not a registered chicken broiler producer may apply to
the board for a designation as a designated annual speciality producer and for
allotment of an annual speciality quota.
M.R. 136/2015
Facility requirement
19.3
Each applicant for designation as a designated annual speciality
producer and an annual speciality quota must be the registered owner of or the sole
operator of a facility that meets all of the requirements or standards for buildings
and equipment established by the board.
M.R. 136/2015
Terms and conditions of issue of annual speciality quota
19.4
The board may designate an applicant as a designated annual speciality
producer and may issue an annual speciality quota to the applicant on terms and
conditions.
M.R. 136/2015
PART IV
CATEGORY CONVERSION
Method of conversion
20
A registered producer may apply to the Board to have all or a portion
of the basic allotment allotted to such producer changed from one category of
chicken broiler to another category either on a temporary or on a permanent basis.
If such an application is approved, the basic allotment for the new category shall be
calculated and allotted by dividing the basic allotment of the category being
converted by the number of weeks in the minimum marketing cycle of such category,
and multiplying the result by the number of weeks in the minimum marketing cycle
of the new category, provided that
(a) if the category being converted is Cornish game hen and the new category is
Regular chicken broiler, the new basic allotment shall be reduced by multiplying
the second result by .8405;
(b) if the category being converted is Cornish game hen and the new category is
Roaster, the new basic allotment shall be reduced by multiplying the second
result by .8088;
(c) if the category being converted is Regular chicken broiler and the new
category is Roaster, the new basic allotment shall be reduced by multiplying the
second result by .9625;
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(d) if the category being converted is Regular chicken broiler and the new
category is Cornish game hen, the new basic allotment shall be increased by
multiplying the second result by 1.1901;
(e) if the category being converted is Roaster and the new category is Cornish
game hen, the new basic allotment shall be increased by multiplying the second
result by 1.2364; and
(f) if the category being converted is Roaster and the new category is Regular
chicken broiler, the new basic allotment shall be increased by multiplying the
second result by 1.0390.
PART V
EXCESS MARKETINGS AND UNDERMARKETINGS
Reduction of market allotment for excess marketings
21
Where a registered producer has marketed chicken broiler of a category
during a marketing cycle in excess of the market allotment for that category allotted
to that producer for that marketing cycle, the market allotment allotted to that
producer for that category shall be reduced by a quantity of chicken broiler equal
to such excess in a subsequent marketing cycle specified by the Board.
Mitigation from reduction
22
The Board may reduce the reduction or postpone the reduction or
exempt a producer from the reduction referred to in section 21 in the event the
producer has paid all levies imposed on such producer with respect to such
marketings pursuant to the Chicken Broiler Penalty Levies Regulation in the
manner specified in that regulation, or in the event the Board has waived the
application of all or a portion of the levy imposed on such producer pursuant to that
regulation.
Reduction of basic allotment for undermarketings
23
Where a producer fails to market a total quantity of any category of
chicken broiler equal to the market allotment allotted to such producer for that
category for five (5) consecutive marketing cycles, the basic allotment allotted to
such producer for that category shall be reduced to the greatest number of the
actual kilograms of chicken broiler of that category marketed by such producer in
any of those marketing cycles.
Automatic catch up
24
Where a producer markets less than the market allotment allotted to
such producer during a marketing cycle, such producer's market allotment for the
subsequent marketing cycle shall be temporarily increased by an amount equal to
such undermarketings, up to a maximum of 5% of the subsequent preliminary
allotment prior to such adjustment.
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Application for special catch up
25
Where a producer's market allotment is temporarily increased as a
result of the application of section 24, and such temporary increase is less than the
amount of the undermarketings of the producer in the marketing cycle during which
such producer undermarketed, the producer may apply to the Board for a
Temporary Market Allotment Permit in an amount equal to such difference. In the
event such an application is granted by the Board in whole or in part, the Board will
indicate the period or periods for which such Temporary Market Allotment Permit
is effective, and the amount of such Temporary Market Allotment Permit for such
period or periods.
Force majeure and stand downs
26
The Board may exempt from the provisions of sections 23 or 24 any
producer who
(a) can satisfy the Board that such producer placed a sufficient number of
appropriate chicks that ought to have enabled such producer to market the full
market allotment of chicken broiler of that category allotted to such producer;
(b) can satisfy the Board within a reasonable period of time after the end of any
marketing cycle that such producer was unable to market the full market
allotment of chicken broiler of that category allotted to such producer because
such producer's facility was damaged due to fire or other causes beyond such
producer's control, or because such producer's chicken broilers were subject to
disease (as verified by a qualified veterinarian) or because major repairs and/or
renovations to such producer's facility resulted in the temporary curtailment of
production (provided an application has been received at least 9 weeks in
advance of the commencement of such major repairs and/or renovations being
relied upon), or because of suffocation of such producer's chicken broilers
(verified by a veterinarian certificate), or because of a lack of replacement chicks,
or because of the serious illness or death of the producer; or
(c) has otherwise obtained permission from the Board in writing to reduce such
producer's marketings for a period of time, subject to such terms and conditions
as the Board may establish at the time such permission is granted.
PART VI
OTHER REDUCTION OR CANCELLATION OF
QUOTAS AND ALLOTMENTS
Cancellation of quotas and allotments on death, winding up, etc.
27
The Board may cancel the quotas and allotments allotted to a registered
producer in the event of the death of the registered producer, the winding up or
dissolution of the registered producer that is a corporation, or the dissolution of the
registered producer that is a partnership.
Cancellation of quotas and allotments on cancellation of registration
28
The quotas and allotments allotted to a person shall be automatically
cancelled in the event such person ceases to be a registered producer.
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Other reduction or cancellation of quota and allotment
29
The Board may suspend, reduce or cancel, either on a temporary basis
or on a permanent basis, the quota and an allotment
(a) as set out in this Order;
(b) where a producer has failed to comply with any Regulation, Order, or
directive of the Board;
(c) where a producer becomes insolvent or bankrupt or applies for a receiving
order or has such an order made against it or takes the benefit from any Act for
the time being in force for the relief of insolvent debtors, or if a receiver is
appointed with respect to the facilities used by a producer;
(d) where a producer has entered into a contract or agreement that would
(i) deprive such producer of that producer's right to the proceeds from the
marketing of chicken broilers raised by that producer,
(ii) deprive such producer of that producer's right to a payment or an
entitlement to a payment or an anticipated payment from the Retirement and
Basic Allotment Reallocation System to another person without the prior
written consent of the Board,
(iii) require such producer to purchase a product or a service in connection
with the marketing of chicken broilers produced by that producer, or
(iv) obligate such producer with respect to the marketing of chicken broilers
produced by that producer in connection with the acquisition of a product
or a service by that producer;
(e) where the Board has determined that a producer has failed to comply with
the On-Farm Food Safety Assurance Program; or
(f) if the Board has reasonable grounds for believing that such action is in the
interests of Manitoba producers, consumers, or the chicken broiler industry.
PART VII
OWNERSHIP OF QUOTAS
Quotas belong to Board
30
Quotas belong to the Board.
Quota non-transferable by producer
31
No person shall
(a) transfer, assign, or sell a quota to another person; or
(b) offer to transfer, assign, or sell a quota to another person, or receive payment
for a quota, or offer to buy a quota from a producer, or make a payment to a
producer for a quota.
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Retirement and basic allotment reallocation system payments non-transferable
32
No person shall offer to assign or assign a payment or an entitlement
to a payment or an anticipated payment from the Retirement and Basic Allotment
Reallocation System to another person without the prior written consent of the
Board.
PART VIII
PROHIBITIONS
Production prohibited without a production quota
33
No person shall raise or keep a chicken broiler of any category unless
a production quota or a Temporary Production Permit has been allotted to such
person in respect to that category.
M.R. 11/2011
No excess production
34
No producer shall produce a number of chicken broilers of any category
in any marketing cycle in excess of the production quota allotted to such person for
that category in that marketing cycle or in excess of the Temporary Production
Permit issued to such person for that category.
M.R. 11/2011
No marketings without a market allotment
35
No producer shall market a chicken broiler of any category in
intra-provincial trade unless a basic allotment and a market allotment have been
allotted to such producer in respect of that category or unless a Temporary Market
Allotment Permit has been allotted to such person for that category.
M.R. 11/2011
No excess marketings
36
No producer shall market a chicken broiler of any category in
intra-provincial trade in excess of the market allotment for that category allotted to
such producer, or in excess of a Temporary Market Allotment Permit issued to such
producer for that category, except as directed by the Board.
Marketings to specified processor
37
No person shall market a chicken broiler in intra-provincial trade to a
specified processor unless
(a) such person is a registered producer; or
(b) such person has proven to the satisfaction of the Board that such person
marketed chicken broiler to a specified processor in Manitoba during two (2) of
the calendar years 2002, 2003 and 2004, and has requested and has obtained
from the Board an exemption authorizing such person to market chicken broilers
to a specified processor during the current calendar year, and further provided
that the marketings of chicken broiler by such person do not exceed 999 chicken
broiler in the current calendar year.
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Production limited to specified facilities
38
No person shall raise or keep a chicken broiler except in or on a facility
that has been specified on a Certificate of Production Premises issued to such
person by the Board for such purpose.
No raising or keeping in excess of number specified for facility
39
No person shall raise or keep chicken broilers in or on a facility in
excess of the number of chicken broilers specified by the Board to be raised or kept
by such person in such facility at any point in time.
Marketings limited to specified facilities
40
No person shall market a chicken broiler unless such chicken broiler
was raised and kept by that person in or on the facility specified on a Certificate of
Production Premises issued to such person by the Board.
PART IX
MISCELLANEOUS
Unacceptable quality
41
Nothing in this Order requires the Board to include, in calculating the
marketings of a producer, any chicken broiler which is not of an acceptable market
quality.
Allotments to associated producers
42(1)
If two or more producers are associated, the Board may treat the
allotments and quotas allotted to one of them as having been allotted to any of them.
M.R. 84/2008
Acquisitions of interests in excess of maximum allotment prohibited
42(2)
Notwithstanding anything contained in this Order, but subject to
sections 43, 44 and 54, the Board will take appropriate action to prevent any person
from acquiring control of or acquiring a direct or indirect interest in allotments in
excess of maximum allotment.
M.R. 84/2008
Exception for grandfathered operations in excess of maximum allotment
43
Notwithstanding section 42, the Board may
(a) approve the reallotment of a quota and allotment in excess of maximum
allotment to a person who does not have a direct or indirect interest in a quota
or allotment at the time of such reallotment; and
(b) suspend the provisions of section 48 if the proposed new beneficial or legal
owner does not have a direct or indirect interest in a registered producer at the
time of the transfer of beneficial or legal ownership to such proposed new owner.
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Exception for financial assistance to children
44
Notwithstanding section 42, the Board may approve the provision of
financial assistance by a registered producer to one or more children of the
registered producer, or of a shareholder of a registered producer, or of a partner of
a registered producer, for the purpose of enabling such child or children to acquire
facilities and to become a registered producer. Any such approval will be subject to
the applicants' satisfying the Board that
(a) the chicken broiler production business of the child or children will be
completely separate from and independent of the chicken broiler production
business of such registered producer (i.e. the businesses will be carried on on
separate parcels of land, in separate facilities; there will be no sharing on a
day-to-day basis of labour; there will be no commingling of supplies or feed;
there will be no mutual ownership of any assets used in the businesses; there
will be no sharing of profits or losses; the parties keep and maintain separate
financial statements and file income tax returns as separate entities);
(b) such financial assistance is unsecured, directly or indirectly, with respect to
the facilities and chicken broilers owned by the child or children; and
(c) the chicken broiler production business to be carried on by the child or
children of the registered producer will operate completely independent of the
registered producer.
The applicants shall provide the Board with an Undertaking in a form acceptable
to the Board with respect to the matters set out in clauses (a) to (c) above.
Step-transactions prohibited
45
Notwithstanding anything contained in this Order, the Board will take
appropriate action to prevent a person from acquiring control of, or acquiring a
direct or indirect interest in allotments or quotas through a process:
(a) that involves more than one application to the Board; or
(b) that does not disclose to the Board, in conjunction with an application to the
Board for any re-allotment of an allotment or quota, particulars of all
contemplated or proposed future transactions which may involve
(i) a subsequent reallotment of an allotment or quota,
(ii) a future change in the legal or beneficial ownership of an entity, or
(iii) an application to transfer an allotment or a quota from one facility to
another facility.
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PART X
CHANGES IN BENEFICIAL OWNERSHIP
OF REGISTERED PRODUCERS
Special definitions
46
In this Part,
"controlling party" means a person who directly or indirectly is the legal or
beneficial owner of an aggregate of more than 50% of any class of the issued
shares of, assets of, or interest in an entity;
"entity" includes an association, partnership, body corporate, trust or other
organization;
"substantial holder" means a person who directly or indirectly is the legal or
beneficial owner of an aggregate of 10% or more of any class of the issued shares
of, assets of, or interest in an entity;
"transfer" includes a sale, assignment, gift, bequest, devolution, purchase,
mortgage, declaration of trust, or change in legal or beneficial rights.
M.R. 15/2013
Transfers by a substantial holder
47
In the event all or part of the beneficial or legal ownership of an interest
in a substantial holder in an entity that is a registered producer is transferred by the
legal or beneficial owner of such interest, the Board may cancel or reduce the quotas
and allotments of such registered producer unless the parties to such transfer have
requested in writing that the Board waive this provision and have each provided the
Board, by Statutory Declaration and Certificate in a form acceptable to the Board,
with full particulars of the proposed transfer, and any other information with
respect to the assets and liabilities of the entity at the effective date of such transfer,
and the Board has in its discretion waived this provision either conditionally or
unconditionally.
The registered producer and the parties to the transfer will each be required to
provide to the board a written undertaking, in a form satisfactory to the board,
stating that such party will not apply
(a) for a retirement payment under the Retirement and Basic Allotment
Reallocation Program;
(b) for the approval of a change in the beneficial ownership of the registered
producer pursuant to Part X;
(c) for the approval of an association of the registered producer with another
registered producer pursuant to Part XI;
(d) for the reallotment of the quotas and allotments allotted to the registered
producer pursuant to Part XII; or
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(e) to relocate the facilities of the registered producer under section 71;
for a minimum of five years following such waiver unless such party has first
received the approval of the Manitoba Council to such application.
M.R. 110/2007
Grounds for non-waiver re transfer
48
Subject to section 43, the provisions of section 47 will not be waived by
the Board if the Board has reasonable grounds for believing that as a result of such
transfer a person would have a direct or indirect interest in allotments which
aggregate in excess of maximum allotment.
Bankruptcy or receivership of a controlling party
49
In the event a controlling party in an entity that is a registered producer
becomes bankrupt or applies for a receiving order or has a receiving order made
against it or takes the benefit of any Act for the time being in force for the relief of
insolvent debtors, or if a receiver is appointed with respect to any interest of the
controlling party in such registered producer, the Board may cancel or reduce the
quotas and allotments of such registered producer unless the registered producer
or the trustee or receiver requests in writing that the Board waive this provision and
provides the Board, by Statutory Declaration and Certificate in a form acceptable
to the Board, with full particulars of such happening and the Board has in its
discretion waived this provision either conditionally or unconditionally, provided
however that the Board will only waive such provision on a temporary basis, and on
terms and conditions, in order to allow the Trustee in Bankruptcy or Receiver
reasonable time to dispose of such interest in the controlling party.
False or misleading information re transfers
50
In the event that the Board has reasonable grounds for believing that
any information provided to it by Statutory Declaration or Certificate is false or
misleading, or that any conditions established by the Board in waiving the
provisions of section 47 or section 49 have not been met by the parties, the Board
may cancel or reduce the quota and allotment of the registered producer whether
or not the provisions of section 47 or section 49 have been previously waived by the
Board.
Reduction of requirements re certain transfers
51
The Board may establish policies from time to time reducing its
requirements under section 47
1. with respect to a change in the membership of a Hutterite Colony where that
Hutterite Colony is a registered producer or is the sole legal and the sole
beneficial owner of all of the issued shares of a corporation that is a
registered producer;
2. with respect to the transfer of shares of a corporation that is a registered
producer
(a) from an individual to a member of that individual's immediate family, or
(b) listed on a public stock exchange unless 10% or more of the total
outstanding shares of that class of the corporation are transferred, provided
that this clause does not apply in respect of a series of transfers of shares
within a period of 18 months by or to any one person that in the aggregate
total 10% or more of the outstanding shares of that class of the corporation,
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(c) from a shareholder of the corporation (the "departing shareholder") to
another shareholder of the corporation (the "continuing shareholder")
provided that
(i) the continuing shareholder is the legal and beneficial owner of at
least 66 2/3% of the issued voting shares of the corporation prior to the
proposed transfer, or
(ii) the shares being transferred by the departing shareholder represent
50% or less of the total issued voting shares of the corporation, and the
shares being acquired by the continuing shareholder do not represent
more issued voting shares of the corporation than are already held by
the continuing shareholder,
and further provided this clause (c) does not apply unless
(A) the continuing shareholder and the departing shareholder have
each held such shares for a minimum period of five years prior to
the date of the proposed transfer, and
(B) the Board has obtained the approval of the Manitoba Council
to waive the requirements under section 47 without the necessity
for the applicants to submit to the Board information relating to
the consideration paid and received with respect to the proposed
transfer.
For the purpose of this clause (c) the voting shares of the corporation must
include a pro rata right, with all other voting shares issued by the
corporation, to any and all dividends declared by the corporation and to a
pro rata share of the assets of the corporation upon winding up of the
corporation;
3. with respect to a change in the beneficial or legal ownership of an interest in
a partnership that is a registered producer
(a) where the legal or beneficial ownership of an interest of such partnership
is transferred to by an individual to a member of that individual's immediate
family, or
(b) where a partnership interest is transferred from a partner of the
partnership (the "departing partner") to another partner of the partnership
(the "continuing partner") provided that
(i) the partnership interest of the continuing partner immediately prior
to the transfer entitles the continuing partner to at least 2/3 of the
profits of the partnership and makes the continuing partner
responsible for at least 2/3 of the losses of the partnership, or
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(ii) the partnership interest of the departing partner being transferred
represents 50% or less of the entitlement of the partners to the profits
of the partnership and 50% or less of the responsibilities of the
partners for losses of the partnership, and the partnership interest
being acquired by the continuing partner does not represent a larger
entitlement to the profits of the partnership or a larger responsibility
for the losses of the partnership than the partnership interest
possessed by the continuing partner immediately prior to the transfer,
and further provided this clause (b) does not apply unless
(A) the continuing partner and the departing partner of each held
such partnership interests for a minimum period of five years prior
to the date of the proposed transfer, and
(B) the Board has obtained the approval of the Manitoba Council
to waive the requirements under section 47 without the necessity
for the applicants to submit to the Board information relating to
the consideration paid and received with respect to the proposed
transfer.
M.R. 15/2013
PART XI
ASSOCIATION OF REGISTERED PRODUCERS
Deemed association
52(1)
For the purpose of this Order, a person is deemed to be associated with
another person if
(a) both persons are members of the same immediate family;
(b) if an individual has a legal or beneficial interest in the person and a member
of that individual's immediate family has a legal or beneficial interest in the other
person;
(c) one person is an entity of which the other person is an officer, director or
substantial holder;
(d) one person is an entity of which the other person is a partner;
(e) one person is an entity that is controlled, directly or indirectly, by the other
person;
(f) both persons are entities and one entity is controlled, directly or indirectly,
by the same individual or entity that controls, directly or indirectly, the other
person;
(g) both persons are members of a voting trust where the trust controls or
operates or has an interest in the other person; or
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(h) both persons are associated within the meanings of clauses (a) to (g) with the
same person.
M.R. 84/2008
Association of producers
52(2)
For the purpose of this Order, a producer shall be deemed to be
associated with another producer if one person has a direct or indirect legal or
beneficial interest in the producer, and a person associated with that person has a
direct or indirect interest in the other producer.
M.R. 84/2008
Association of registered producers
53
In the event that are registered producer is or becomes associated with
another registered producer, the Board may cancel or reduce the quotas and
allotments of such registered producers unless the registered producers have
requested in writing that the Board waive this provision and have each provided the
Board, by Statutory Declaration and Certificate, with full particulars of all persons
having a direct or indirect interest in such registered producers and the Board has
in its discretion waived this provision either conditionally or unconditionally.
M.R. 110/2007; 84/2008
Grounds for non-waiver re association
54
The provisions or section 53 will not be waived by the Board if the
allotments allotted to such associated producers aggregate more than maximum
allotment or if the Board has reasonable grounds for believing that a person would
directly or indirectly have a legal or beneficial interest in allotments which aggregate
more than maximum allotment; provided however that this provision shall not apply
to producers which are associated solely as a result of individuals being members
of the same immediate family, as long as the aggregate allotments to such producers
do not exceed 200% of maximum allotment.
M.R. 84/2008
False or misleading information re association
55
In the event that the Board has reasonable grounds for believing that
any information provided to it by Statutory Declaration or Certificate is false or
misleading, or that any conditions established by the Board in waiving the
provisions of section 53 have not been met by the parties, the Board may cancel or
reduce the quotas and allotments of the registered producers whether or not the
provisions of section 53 have been previously waived by the Board.
PART XII
REALLOTMENT OF QUOTA AND ALLOTMENT
Complete farm sales
56
In the event a registered producer sells the land, buildings, and
equipment used by such producer in producing chicken broilers, the Board may
reallot the quotas and allotments used in association with such facility to any
purchaser provided it is satisfied that no value has been attributed to such quotas
and allotments and that no more than fair market value has been paid for such
facility.
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In applying this provision the Board may require an appraisal of the facility by a
qualified appraiser to ascertain the fair market value of the facility using an
appraisal method or methods approved by the Manitoba Council, such costs to be
borne by the applicant(s).
The applicants will each be required to provide a Statutory Declaration in a form
acceptable to the Board confirming the sale and purchase consideration (both direct
and indirect). All agreements between the registered producer and the purchaser
(including a detailed listing of all assets included in such sale) shall be appended
to such Statutory Declaration.
The purchaser will be required to provide to the board a written undertaking, in a
form satisfactory to the board, stating that the purchaser will not apply
(a) for a retirement payment under the Retirement and Basic Allotment
Reallocation Program;
(b) for the approval of a change in the beneficial ownership of the registered
producer pursuant to Part X;
(c) for the approval of an association of the registered producer with another
registered producer pursuant to Part XI;
(d) for the reallotment of the quotas and allotments allotted to the registered
producer pursuant to Part XII; or
(e) to relocate the facilities of the registered producer under section 71;
for a minimum of five years following such reallotment unless such party has first
received the approval of the Manitoba Council to such application.
In the event that the Board has reasonable grounds for believing that any
information provided in a Statutory Declaration or any requested Certificate is false
or misleading, the Board may reduce or cancel the quotas and allotments in
question, whether or not such quotas and allotments were reallotted.
M.R. 110/2007
Sale of moveable buildings and equipment
57
In the event a registered producer sells a building used by such
producer in producing chicken broilers, the Board may reallot the quotas and
allotments used in association with such building (and any equipment included in
such sale) to such purchaser provided it is satisfied that:
(a) the condition of such building allows for the moving of the building to a new
foundation on property owned by the purchaser;
(b) the condition of such building and any such equipment included in such sale
is such that same is capable of being used for a minimum period of five years
after relocation and installation on the new foundation;
(c) no more than fair market value has been paid for such building and
equipment; and
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(d) written consent is provided by all creditors of the registered producer who
have been granted security with respect to such building (and any equipment
included in the sale).
In applying this provision the Board may require an appraisal of the building and
equipment by a qualified appraiser to ascertain the fair market value of the building
and such equipment using an appraisal method or methods approved by the
Manitoba Council, such costs to be borne by the applicant(s). In ascertaining
whether no more than fair market value has been paid for the building and such
equipment, the costs of removing such building and equipment and relocating same
on a new foundation on property owned by the purchaser shall be borne by the
purchaser and shall be deducted from the appraised value of such building and
equipment.
The applicants will each be required to provide a Statutory Declaration in a form
acceptable to the Board confirming the sale and purchase consideration (both direct
and indirect) and any of the matters set out above. All agreements between the
registered producer and the purchaser (including a detailed listing of all assets
included in such sale) shall be appended to such Statutory Declaration.
The purchaser will be required to give to the Board a written undertaking, in a form
satisfactory to the Board, verifying that the purchaser will use such building and
equipment in connection with the reallotted quotas and allotments for a minimum
of five years after relocation and installation of such building and equipment on
such new foundation.
The purchaser will be required to provide to the board a written undertaking, in a
form satisfactory to the board, stating that the purchaser will not apply
(a) for a retirement payment under the Retirement and Basic Allotment
Reallocation Program;
(b) for the approval of a change in the beneficial ownership of the registered
producer pursuant to Part X;
(c) for the approval of an association of the registered producer with another
registered producer pursuant to Part XI;
(d) for the reallotment of the quotas and allotments allotted to the registered
producer pursuant to Part XII; or
(e) to relocate the facilities of the registered producer under section 71;
for a minimum of five years following such reallotment unless such party has first
received the approval of the Manitoba Council to such application.
In the event that the Board has reasonable grounds for believing that any
information provided in a Statutory Declaration or any requested Certificate is false
or misleading, the Board may reduce or cancel the quotas and allotments in
question, whether or not such quotas and allotments were reallotted.
M.R. 110/2007
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Lease of complete farm
58
In the event a registered producer leases or licenses the land, buildings,
and equipment used by such producer in producing chicken broilers, for a term not
to exceed two (2) years in length, the Board may temporarily reallot the quotas and
allotments used in association with such land, buildings, and equipment to any
lessee or licensee for the term of the lease or license provided it is satisfied that no
value has been attributed to such quotas and allotments and that no more than fair
market rental for such facility is being paid under the lease or license arrangement
directly or indirectly for the lease of such facility, or any other assets included in
such lease (including any transaction with respect to chicken broilers).
In applying this provision the Board may require an appraisal of the facility to
ascertain the fair market rental of the facility using an appraisal method or methods
approved by the Manitoba Council, such cost to be borne by the applicant(s).
The applicants will each be required to provide a Statutory Declaration in a form
acceptable to the Board confirming the rental consideration (both direct and
indirect). All agreements between the registered producer and the lessee (including
a detailed listing of all assets included in such lease) shall be appended to such
Statutory Declaration.
In the event that the Board has reasonable grounds for believing that any
information provided in a Statutory Declaration or any requested Certificate is false
or misleading, the Board may reduce or cancel the quotas and allotments in
question, whether or not the quotas and allotments were temporarily reallotted.
At the end of the lease term such quotas and allotments shall automatically be
reallotted by the Board back to the lessor. Any extension or renewal of a term under
a lease will be treated as a new lease.
Bankruptcy or receivership of a registered producer
59
Notwithstanding clause 29(c), where a person who is a registered
producer becomes a bankrupt or applies for a receiving order or has such an order
made against such person or takes the benefit of any Act for the time being in force
for the relief of insolvent debtors, or if a receiver is appointed with respect to the
production assets of a registered producer, the Board may, upon written request of
the Trustee in Bankruptcy or the Receiver, temporarily reallot to the Trustee in
Bankruptcy or Receiver, the quotas and allotments allotted to such producer upon
terms and conditions as may be established by the Board at the time of such
temporary reallotment.
Reallotment of quota and dispensing with financial information on death,
disability or retirement
60
In the event of the death, disability or retirement of an individual who
is a registered producer, the Board may, on written request of such registered
producer or of the personal representative of such deceased registered producer,
reallot the quotas and allotments allotted to such registered producer to the heir or
designated member of such registered producer's immediate family
(a) who becomes the owner of the chicken broiler production business carried
on by the registered producer and of the land, buildings and equipment used by
the registered producer for keeping chicken broilers; or
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(b) who becomes the owner of the chicken broiler production business carried
on by the registered producer and of any assets owned by such registered
producer in connection with such business, and becomes entitled to possession
of the land and buildings used by such registered producer in connection with
such business as the successor in possession to such registered producer;
without the necessity to provide the Board with an appraisal of the facility or
confirmation of any sale and purchase consideration.
Reallotment of quota and dispensing with financial information on
establishment of family partnership
61
Where an individual who is a registered producer enters into a
partnership with a member of such register producer's immediate family, the Board
may, on written request of such registered producer, reallot the quotas and
allotments allotted to such registered producer to such partnership
(a) which becomes the owner of the chicken broiler production business carried
on by the registered producer and of the land, buildings and equipment used by
the registered producer for producing chicken broilers; or
(b) which becomes the owner of the chicken broiler production business carried
on by the registered producer and of any assets owned by such registered
producer in connection with such business, and becomes entitled to possession
of the land and buildings used by such registered producer in connection with
such business as the successor in possession to such registered producer;
without the necessity to provide the Board with an appraisal of the facility or
confirmation of any sale and purchase consideration.
Reallotment of quota and dispensing with financial information on
establishment of a corporation
62
Where an individual who is a registered producer incorporates a
corporation controlled by such individual and/or members of such individual's
immediate family, or where the partners who are registered producers incorporate
a corporation owned by themselves in the same proportion as they owned interests
in the partnership, or where a registered producer which is a corporation
incorporates a wholly owned subsidiary, the Board may, on written request of such
registered producer, reallot the quotas and allotments allotted to such registered
producer to such corporation or subsidiary
(a) which becomes the owner of the chicken broiler production business carried
on by the registered producer and of the land, buildings and equipment used by
the registered producer for producing chicken broilers; or
(b) which becomes the owner of the chicken broiler production business carried
on by the registered producer and of any assets owned by such registered
producer in connection with such business, and becomes entitled to possession
of the land and buildings used by such registered producer in connection with
such business as the successor in possession to such registered producer;
without the necessity to provide the Board with an appraisal of the facility or
confirmation of any sale and purchase consideration.
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Partial and complete reallotment of quota to related persons
63
The Board may, upon application of a registered producer in writing,
(herein called "the applicant") reallot all or a portion of the quotas and allotments
allotted to such applicant to another person who is not a registered producer
(herein called "the recipient") in the following circumstances:
(a) with respect to an individual applicant, where the recipient is a member of
such applicant's immediate family;
(b) with respect to a partnership applicant, where all partners in the partnership
are members of the same immediate family and where the recipient is a member
of that immediate family;
(c) with respect to a corporation applicant, where all legal and beneficial
shareholders in such applicant are members of the same immediate family and
where the recipient is a member of such immediate family;
(d) with respect to a Hutterite Colony applicant (or a corporation applicant which
is a wholly owned subsidiary of a Hutterite Colony) where the recipient is a
wholly owned subsidiary of such applicant, or a daughter-Hutterite Colony, or
a corporation wholly owned by a daughter-Hutterite Colony. For the purpose of
this provision a daughter-Hutterite Colony shall mean a Hutterite Colony recently
created as a result of the division of the assets and the membership of a Hutterite
Colony;
provided that no such reallotment will be made until
(i) the recipient has established a separate facility owned and operated by the
recipient in or on which to produce chicken broilers,
(ii) the Board is satisfied that the new operation of the recipient and the
resulting operation of the applicant will both be economically viable, and
(iii) the Board is satisfied that no value has been attributed to such quotas
or allotments.
The applicants will each be required to provide a Statutory Declaration in a form
acceptable to the Board setting out the information specified therein and in the event
that the Board has reasonable grounds for believing that any information provided
in a Statutory Declaration or an Application is false or misleading, the Board may
cancel or reduce the quotas or allotments in question, whether or not such quotas
or allotments were reallotted.
The applicant and the recipient will each be required to provide to the board a
written undertaking, in a form satisfactory to the board, stating that such party will
not apply
(a) for a retirement payment under the Retirement and Basic Allotment
Reallocation Program;
(b) for the approval of a change in the beneficial ownership of the registered
producer pursuant to Part X;
(c) for the approval of an association of the registered producer with another
registered producer pursuant to Part XI;
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(d) for the reallotment of the quotas and allotments allotted to the registered
producer pursuant to Part XII; or
(e) to relocate the facilities of the registered producer under section 71;
for a minimum of five years following the reallotment unless such party has first
received the approval of the Manitoba Council to such application.
M.R. 110/2007
Consolidation of existing chicken production operations
64
Any two or more registered producer (the "applicants") may apply to the
Board to have all of the quotas and allotments allotted to the applicants reallotted
to a single entity (the "intended recipient") for use in connection with a single facility
as a single business operation.
The intended recipient may be a corporation or a partnership which is wholly
owned, both legally and beneficially, by the applicants in such manner as may be
satisfactory to the Board.
The applicants will each be required to provide a Statutory Declaration in a form
acceptable to the Board confirming such information as may be requested by the
Board. All agreements between the applicants and with the intended recipient must
be appended to such Statutory Declaration.
In the event the Board has reasonable grounds for believing that any information
provided in a Statutory Declaration is false or misleading, the Board may reduce or
cancel the quotas and allotments in question, whether or not such quotas and
allotments were reallotted.
The applicant and the intended recipient will each be required to give to the board
a written undertaking, in a form satisfactory to the board, stating that such party
will not apply
(a) for a retirement payment under the Retirement and Basic Allotment
Reallocation Program;
(b) for the approval of a change in the beneficial ownership of the registered
producer pursuant to Part X;
(c) for the approval of an association of the registered producer with another
registered producer pursuant to Part XI;
(d) for the reallotment of the quotas and allotments allotted to the registered
producer pursuant to Part XII; or
(e) to relocate the facilities of the registered producer under section 71;
for a minimum of five years following the reallotment unless such party has first
received the approval of the Manitoba Council to such application.
M.R. 110/2007
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Reallotment and maximum allotment
65
Subject to section 43, no quota or allotment will be reallotted to an
applicant corporation or partnership if
(a) any beneficial shareholder of such applicant corporation or any beneficial
owner of the assets of such applicant partnership is
(i) a registered producer,
(ii) a beneficial shareholder in a corporation which is a registered producer,
or
(iii) a beneficial owner of the assets of a partnership which is a registered
producer,
that has been allotted allotments which are equal to or aggregate in excess of
maximum allotment; or
(b) the Board has reasonable grounds for believing that as a result of such
reallotment a person would directly or indirectly control or have an interest in
allotments which aggregate more than maximum allotment.
PART XIII
RETIREMENT AND BASIC ALLOTMENT REALLOCATION SYSTEM
Reallotment under system
66
Quotas and allotments may be cancelled and reallotted by the Board as
a result of and in accordance with the procedure set out in the Schedule.
Acceptance of applications discretionary
67
The Designated Staff referred to in the Schedule may refuse to accept
or postpone the processing of any application to participate in the Retirement and
Basic Allotment Reallocation System for such reasons or on such terms as they
deem appropriate.
PART XIV
FACILITIES
Quota to be allotted for a facility
68
In allotting a quota to a registered producer, the Board may specify the
facility in or on which the producer's chicken broilers, or any portion of such
chicken broilers, must be produced.
Facility capacity
69
The Board may certify the capacity of the facility of each registered
producer from time to time. Such certified capacity shall only include usable
production floor space (excluding service rooms).
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Production standards
70
It is the condition of an allotment of a quota to a registered producer
that such registered producer
(a) equip and operate the facility in or on which such producer produces chicken
broilers in such a manner as to provide adequate production floor space, proper
ventilation, heating, feed and water, and sanitation for the chicken broilers kept
in such facility and in accordance with the applicable provisions of the On-Farm
Food Safety Assurance Program;
(b) otherwise care for and handle chicken broilers raised or kept by such
producer in accordance with the applicable provisions of the "Recommended
Code of Practice for the Care and Handling of Farm Animals - Chickens, Turkeys
and Breeders from Hatchery to Processing Plant" distributed by Canada
Agri-Food Research Council and in accordance with the applicable provisions of
the On-Farm Food Safety Assurance Program; and
(c) allow representatives of the Board to enter such facility, inspect such facility
and to take samples from such facility as well as observe and monitor
production and marketing activities within such facility.
Relocation and consolidation of facilities
71
Subject to section 74, in the event that a registered producer has been
allotted a portion of the quotas and allotments allotted to such producer for one
facility and a portion for another facility or facilities, such producer may apply to
the Board to transfer all or a portion of such quotas and allotments from one facility
to another facility or facilities on a temporary or permanent basis. A registered
producer may make application to relocate such producer's production facility to
a new location.
Information and creditor consent for relocation
72
In conjunction with an application under section 71, a registered
producer must provide the Board with such information as the Board may require
and such consents which the Board may request from any creditor who has been
given security on the facilities used by the registered producer.
Emergency relocation
73
The Board may allow a registered producer to temporarily relocate such
producer's production and marketing activities to another location in the event of
an emergency even if such producer is not the registered owner or the sole operator
of the facility on that new location.
No application for change of facility for five years
74
In the event the board
(a) approves a change in the beneficial ownership of a registered producer
pursuant to Part X;
(b) approves an association of persons who are registered producers pursuant
to the provisions of Part XI; or
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(c) reallots the quotas and allotments allotted to a registered producer pursuant
to Part XII;
it shall be a condition of such reallotment or such approval that the applicants for
such approval or reallotment must acknowledge that only in the event of an
unforeseen contingency acceptable to the Manitoba Council will a party be permitted
to apply to transfer such quotas and allotments from the facility specified for use
in connection with such quotas and allotments at the time of the change, association
or reallotment, to a facility located on another property for a period of at least five
years following the approval of such change, association or reallotment.
M.R. 110/2007
Exception from five year moratorium on applications
75
The Board may exempt a person from the provisions of section 74 with
respect to a transfer or change of the nature outlined in section 51, or with respect
to the reallotment of quotas and allotments pursuant to sections 60 to 62 inclusive.
Examination of facilities
76
It is the condition of the allotment of a quota to a registered producer
that such registered producer allow any duly authorized representative of the Board
to examine and measure the interior and exterior dimensions of such producer's
facility from time to time for the purpose of certification or re-certification of such
facility by the Board and to examine such facility to ensure compliance of same with
the provisions of section 70. Prior to such examination, the Board will give
reasonable notice to such registered producer of its intention to conduct such
examination.
PART XV
APPLICATION AND EXEMPTIONS
Application of Order
77
This Order applies only to the production or to the marketing of chicken
broiler in intra-provincial trade.
Non-application of Order re commercial hatcheries
78
This Order does not apply to the production of chicken broiler by a
commercial hatchery registered under The Livestock and Livestock Products
Marketing Act which holds a certificate of hatchery accreditation from the Canadian
Food Inspection Agency.
Limited non-application of Order re chick marketings
79
This Order does not apply to the marketing of chicken broiler less than
ten days old
(a) pursuant to the terms of a Chick Placement Permit issued to the buyer of
such chicken broilers; or
(b) if less than 1,000 of such chicken broilers are marketed by a vendor to the
same recipient in a calendar year.
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Exemption in Plan from Order
80
This Order is subject to the provisions of section 29 of the Plan which
presently reads as follows:
"Non-application"
29
The provisions of this plan applicable to the production and marketing,
or both, of chicken broilers, except sections 14 to 16, and section 28, do not
apply to a person who produces fewer than 1,000 chicken broilers in a calendar
year, or to any person who has provided the board with a satisfactory
undertaking that he or she will market fewer than 1,000 chicken broilers in a
calendar year, provided that such person markets fewer than 1,000 chicken
broilers in that year."
Application of definitions from M.R. 246/2004
80.1
Terms defined in the Manitoba Chicken Broiler Producers Marketing
Plan Regulation, Manitoba Regulation 246/2004, and used in this Order have the
same meaning in this Order as in that regulation.
M.R. 136/2015
Repeal
81
repealed.
The Chicken Broiler Quota Order, Manitoba Regulation 298/89, is
July 17, 2006
MANITOBA CHICKEN PRODUCERS:
Waldie Klassen, Chair
Wayne Hiltz , Secretary
APPROVED
November 20, 2006
MANITOBA FARM PRODUCTS
MARKETING COUNCIL:
David Gislason, Chair
Gordon H. MacKenzie, Secretary
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SCHEDULE
(Section 66)
RETIREMENT AND BASIC ALLOTMENT REALLOCATION SYSTEM
Quotas belong to Board
1
Notwithstanding the terms and provisions in this Schedule or of any
forms or materials used in connection with this Schedule, as stated in section 30
of this Order, quotas belong to the Board, and any quota units allotted pursuant to
the procedure set out in this Schedule may be suspended, reduced or cancelled in
accordance with this Order.
No assignment of payment
2
As stated in section 32 of this Order, no person shall offer to assign or
assign a payment or an entitlement to a payment or an anticipated payment under
the Retirement and Basic Allotment Reallocation System to another person without
the prior written consent of the Board.
Definitions
3
In this Schedule,
"Bid" means a request to be allotted a quota unit of a category under the System
upon payment of an administration fee pursuant to the procedure set out in this
Schedule;
"bidder" means a registered producer or an eligible person who in the opinion
of Designated Staff has submitted a Bid in an acceptable form;
"Designated Staff" means those employees and other individuals designated by
the Board from time to time to operate the Retirement and Basic Allotment
Reallocation System;
"eligible person" means a person who is not a registered producer and who has
met the criteria set out in section 4 of this Order;
"Notification List" means the List maintained by the Designated Staff pursuant
to section 12 of this Schedule;
"Offer" means an application to have quota units of a category under the System
cancelled upon receipt of a retirement payment pursuant to the procedure set out
in this Schedule;
"offeror" means a registered producer who in the opinion of Designated Staff has
submitted an Offer in an acceptable form with respect to quota units allocated
to that registered producer by the Board;
"quota unit" means a basic allotment equal to one kilogram of chicken broiler
of a category;
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"Reallocation Day" means the day on which a Retirement and Basic Allotment
Reallocation Program is operated;
"Retirement and Basic Allotment Reallocation Program" means the procedure
operated from time to time pursuant to this Schedule, whereby a registered
producer may offer to have the whole or a portion of the quota units of a category
allotted to such registered producer cancelled in the manner provided in this
Schedule, and a registered producer or an eligible person may request that quota
units of a category be allotted to such registered producer in the manner
provided in this Schedule;
"Retirement Fund" means a trust account established by the Board to which all
administration fees paid by successful bidders shall be credited and from which
all retirement payments made to successful offerors will be debited.
Retirement and basic allotment reallocation system administration
4
The Retirement and Basic Allotment Reallocation System shall be
operated by the Designated Staff. The Designated Staff shall be responsible for
receiving and processing Offers, establishing the date of each Reallocation Day,
publishing such dates, receiving and processing Bids, operating each Retirement
and Basic Allotment Reallocation Program and reporting such results to the Board.
The Manitoba Council may appoint members of its Staff to act as observers and
auditors of each Retirement and Basic Allotment Reallocation Program.
Except as provided in subsection 7(11) and section 13, all particulars with respect
to an individual Offer or to an individual Bid shall be kept confidential by the
Designated Staff and Manitoba Council observers and auditors, and shall not be
disclosed to the Members of the Board, Board staff who are not Designated Staff,
or any other person whatsoever.
The Board may prescribe forms to be used in the operation of a Retirement and
Basic Allotment Reallocation Program from time to time. The Designated Staff may
accept a Bid or an Offer, or an amendment or a withdrawal of a Bid or an Offer
which is not in a prescribed form, as long as same is in writing and in the opinion
of the Designated Staff substantially complies with any such prescribed form.
Application fees
5
Each Offer must be accompanied by a non-refundable application fee.
The amount of the application fee will be established by Resolution of the Board
from time to time. All application fees shall be credited to an operating account of
the Board.
Administration fees and retirement payments
6
In this Schedule, and in all forms and materials used in connection with
the Retirement and Basic Allotment Reallocation System, all references to
administration fees, and all references to retirement payments shall be expressed
or shall be assumed to be expressed on a quota unit basis.
Each administration fee paid by a successful bidder must be paid on each quota
unit allocated to such person.
Each retirement payment paid to a successful offeror will be paid on each quota unit
cancelled.
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Retirement and basic allotment reallocation program procedures
7(1)
Designated Staff may operate a Retirement and Basic Allotment
Reallocation Program for each category on or before the sixth regular business day
of the month following the month in which notification is given by the Board to
registered producers of such Program.
7(2)
Designated Staff may cancel, or may postpone, for up to seven days at
any time, the operation of any Retirement and Basic Allotment Reallocation Program
for a category for any reason they deem advisable.
7(3)
A person wishing to submit an Offer must do so in writing, either by
letter or telefax, in a form satisfactory to the Designated Staff, to the Board's head
office.
7(4)
Each Offer on a particular Retirement and Basic Allotment Reallocation
Program must include any necessary application fee established by the Board for
processing an Offer, together with the following information:
(a) the number of quota units offered for cancellation;
(b) the category of the quota units offered;
(c) the minimum retirement payment to the nearest cent per quota unit which the
offeror is willing to accept upon cancellation of the quota units offered for
cancellation;
(d) the name, address and signature of the offeror;
(e) the Producer Registration Number of the offeror.
The Designated Staff may require an offeror to provide proof of the consent of any
secured creditor of the offeror to the submission of such Offer.
7(5)
Upon receipt of an Offer in an acceptable form, the Designated Staff
shall determine the Reallocation Day for the operation of a Retirement and Basic
Allotment Reallocation Program to deal with the Offer, and shall cause a notice to
be mailed to each registered producer indicating the fact that an Offer has been
received; the number of quota units offered for cancellation; the minimum
retirement payment which the offeror is willing to accept upon cancellation of the
quota units offered for cancellation; and the Reallocation Day. Provided the number
of quota units offered for cancellation are at least 30,000 quota units, such notice
shall also be mailed to each person on the Notification List.
7(6)
A person wishing to submit a Bid on a Retirement and Basic Allotment
Reallocation Program must do so in writing, either by letter or by telefax, in a form
satisfactory to the Designated Staff, to the Board's head office, which must be
received prior to 4:00 p.m. of the last working day before the month in which the
Retirement and Basic Allotment Reallocation Program is to be held.
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Each Bid on a particular Retirement and Basic Allotment Reallocation Program
must include the following information:
(a) the number of quota units requested for allotment;
(b) the category of the quota units requested;
(c) the administration fee, to the nearest cent per quota unit, which the bidder
is willing to pay upon allotment of the quota units requested for allotment;
(d) the name, address and signature of the bidder;
(e) the Producer Registration Number of the bidder, where applicable.
Only one quantity of quota units may be specified in any Bid.
A registered producer may indicate on a Bid, in a form satisfactory to the
Designated Staff, that, if the Bid is successful, a portion of the quota units requested
are to be allocated to one or more other registered producers provided that the
provisions of section 8 are met by each such registered producer.
In order for a Bid to be eligible to be processed on a Program, the bidder must
submit a separate bank draft or credit union primary order payable to the Board (or
other method of payment or security for payment acceptable to the Designated Staff)
representing the full amount of the administration fee such bidder proposes to pay
in connection with that Bid which must be received at the Board's head office no
later than 4:00 p.m. of the last working day before the month in which the
Retirement and Basic Allotment Reallocation Program is to be held.
7(7)
In the case of an omission or defect in a Bid or in an Offer the
Designated Staff may not make changes or additions to such Bid or Offer, and the
Bid or Offer will be rejected. A member of the Designated Staff shall attempt to
contact the bidder or offeror and to advise him/her of such rejection. The fact that
a Bid or an Offer is rejected shall not preclude the bidder or offeror from submitting
a subsequent Bid or Offer.
7(8)
A Bid may be amended or withdrawn, provided such withdrawal or
amendment is in writing and in the form of a letter or a telegram or a telefax
satisfactory to the Designated Staff, sent by the bidder, and is received at the head
office of the Board prior to 4:00 p.m. of the last working day before the month in
which the Retirement and Basic Allotment Reallocation Program is to be held. Such
withdrawal or amendment must be clear and unambiguous and must identify the
bidder by name and by Producer Registration Number, where applicable, and must
specify the Bid that is to be withdrawn or amended.
Any Bid which is received after any deadline for submission for that Program will
be rejected by the Designated Staff.
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7(9)
As provided in section 67 of this Order, the Designated Staff may refuse
to accept or may postpone processing of any Bid or any Offer. Any decision to
postpone the processing of a Bid or an Offer, or to reject a Bid or Offer made by the
Designated Staff shall be final. The Designated Staff may also establish terms and
conditions before a Bid or an Offer will be processed in the future. Any person who
is not satisfied with the terms and conditions established by the Designated Staff
before a Bid or Offer will be processed in the future may appeal such decision in
writing to the Board.
7(10)
On each Reallocation Day, the Designated Staff shall qualify all valid
Bids for the quota units offered for cancellation where the administration fee set out
in a Bid is at least equal to the minimum retirement payment set out in the Offer.
In the event only one such qualified Bid is received for the quota units offered for
cancellation, that Bid will be deemed to be the successful Bid. In the event more
than one such qualified Bid is received for the quota units offered for cancellation,
the Bid offering the highest administration fee per quota unit will be deemed to be
the successful Bid. In the event two or more such qualified Bids offering the highest
administration fee per quota unit are identical, the Designated Staff shall conduct
a lottery among such identical Bids to determine the successful Bid.
In the event the successful Bid offering the highest administration fee per quota unit
is less than the number of quota units offered, the qualified Bid offering the next
highest administration fee per quota unit where the administration fee is at least
equal to the minimum retirement payment set out in the Offer will be deemed to be
the next successful Bid with respect to all or a portion of the balance of the quota
units offered for cancellation.
To the extent that the aggregate of the quota units comprising the qualified Bids
deemed to be successful aggregate less than the number of quota units offered for
cancellation, the qualified Bid offering the next highest administration fee per quota
unit where the administration fee is at least equal to the minimum retirement
payment set out in the Offer will be deemed to be the next successful Bid with
respect to all or a portion of the balance of the quota units offered for cancellation,
and such process shall be repeated until the successful Bids aggregate the number
of quota units offered for cancellation. As a result of this process, in the event two
or more such qualified Bids offering the highest administration fee per quota unit
are identical, and the number of remaining quota units offered for cancellation are
less than the aggregate of such Bids, the Designated Staff shall distribute the quota
units rateably among such identical Bids.
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In the event, as a result of the above procedure, the successful Bids still aggregate
less than the number of quota units offered for cancellation the Designated Staff
shall then qualify all valid Bids for the quota units offered for cancellation where the
administration fee set out in the Bid is less than the minimum retirement payment
set out in the Offer. The qualified Bid in this second grouping offering the next
highest administration fee per quota unit will be deemed to be the next successful
Bid with respect to all or a portion of the balance of the quota units offered for
cancellation and such process shall be repeated until such successful Bids aggregate
the number of quota units offered for cancellation. As a result of this process, in the
event two or more such qualified Bids from this grouping are identical, and the
number of remaining quota units offered for cancellation are less than the aggregate
of such Bids, the Designated Staff shall distribute the quota units rateably among
such identical Bids. In the event, as a result of this second procedure the aggregate
administration fees which would be payable upon allotment of the quota units
requested for allotment is less than the aggregate minimum retirement payment
requested with respect to the quota units offered for cancellation, the Program shall
be cancelled and the Offer and all Bids shall be deemed to be unsuccessful.
7(11)
Following the operation of a Retirement and Basic Allotment
Reallocation Program, the Designated Staff shall report to the Board particulars of
the Offer, the number of Bids received, the number of quota units in each Bid, the
administration fee offered with each Bid, and any particulars of the successful
Bid(s). The Board will review such report and if satisfied, in its sole discretion, that
there have been no irregularities or deficiencies in the operation of that Retirement
and Basic Allotment Reallocation Program, the Board may pass a resolution to
accept such results.
Following the acceptance of the results of a Retirement and Basic Allotment
Reallocation Program, the Board will pass a resolution to allot quota units to the
successful bidder(s) and to cancel quota units of the successful offeror in order to
implement such results and will determine the effective date or the process for
determining the effective date to apply to such allotment(s) and to such
cancellation(s).
In the event a successful bidder indicated on the Bid that a portion of the quota
units are to be allotted to another registered producer or producers, the Board will
allocate the quota units in accordance with such indication.
The allotment of quota units to a successful bidder who is a registered producer will
be effective as of the first day of the marketing cycle of that bidder which occurs
after the effective date established by the Board for such allotment.
The allotment of quota units to a successful bidder who is an eligible person will be
effective upon a date satisfactory to the Board and the eligible person for the
commencement of the eligible person's first marketing cycle.
The cancellation of quota units allotted to a successful offeror will be effective as of
the last day of the marketing cycle of that offeror which occurs after the effective
date established by the Board for such cancellation.
7(12)
Following the Board's consideration of the results of a Retirement and
Basic Allotment Reallocation Program, each participant in the Retirement and Basic
Allotment Reallocation Program will be advised in writing by the Designated Staff
whether such participant's Offer or Bid was successful, and if the Bid or Offer was
successful, the effective date of the allotment or cancellation.
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7(13)
All funds submitted by unsuccessful bidders and all excess
administration fees submitted by successful bidders as proposed administration
fees will be returned to such bidder.
Limits on bids and offers
8
An Offer which would result in the remaining basic allotment allocated
to that offeror being reduced to a level below 30,000 kilograms of chicken broiler
for that category will be rejected by the Designated Staff. Any offeror allotted a basic
allotment of 30,000 kilograms of chicken broiler of a category or less must offer to
cancel all such quota units of that category to be eligible to be an offeror on the
Retirement and Basic Allotment Reallocation Program.
No Offer of less than 1,000 quota units will be processed.
A successful bidder will not subsequently be eligible to receive a retirement
allowance in connection with the cancellation of the equivalent number of quota
units under the System if all quota units allotted to such producer are cancelled
within five years of such successful Bid. In the event such person subsequently
submits an Offer of all quota units allotted to such person during such five year
period, an equivalent number of quota units shall be debited against the number of
quota units offered, so that the offeror will only be entitled to receive a retirement
payment with respect to the balance of such quota units, and the quota units so
debited shall be credited to the Transfer Assessment Pool.
A person who has been allocated an increase in basic allotment under
subclause 9(c)(i) of this Order shall not be entitled to submit an Offer which would
result in the basic allotment allotted to such person being reduced below the level
established prior to such allotment for a minimum of five years following the
effective date of such allotment.
No Bid shall be processed if the number of quota units comprising the Bid, when
aggregated with the quota units allocated to such bidder, would exceed maximum
allotment.
No Bid by an eligible person of less than 30,000 quota units of a category will be
processed.
Retirement fund
9(1)
All administration fees paid to the Board by successful bidders will be
allocated to the Retirement Fund.
9(2)
All retirement payments made by the Board to successful offerors will
be paid from the Retirement Fund.
Limitation re new producers
10
In the event a person is allotted a basic allotment (the "initial allotment")
and becomes a registered producer pursuant to an application to the Board under
section 6 of this Order, such person shall not be entitled to submit an Offer which
would result in the basic allotment allotted to that person being reduced below the
initial allotment for at least 10 years from the date of such initial allotment.
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Additional transfer assessment
11
In the event the basic allotment allotted to a producer under Box 2 of
the Basic Allotment List is greater than the basic allotment allotted to such producer
under Box 1 of such List (such difference being referred to as the "difference"), any
successful Offer submitted by that the registered producer shall be reduced by an
amount equal to such difference for a period of five years from the effective date of
the allotment of the difference.
Notification lists
12
Any person who is not a registered producer and who wishes to
participate in a Retirement and Basic Allotment Reallocation Program as a bidder
may request in writing, in such form as the Board may prescribe for such purposes,
that such person's name be added to the Notification List.
Any person added to the Notification List shall be deleted from that List one year
after being added to such List. A person on such List may request, in such form as
the Board may prescribe for such purposes, that such person's name be included
on such list for a further one year period, provided such application is made not
earlier than one month prior to the date upon which such person's name would
otherwise be deleted from such List.
Information
13
The Board will forward to each registered producer, in a form approved
by the Manitoba Council, within 15 days following Board approval, the results of the
Retirement and Basic Allotment Reallocation Program.
M.R. 110/2007; 136/2015
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